Syllabus

Title
0642 European Law
Instructors
Dr. Peter Thalmann, M.Jur.(Oxford), Univ.Prof. Dr. Erich Vranes, LL.M.
Contact details
peter.thalmann@wu.ac.at; sekretariat.vranes@wu.ac.at
Type
PI
Weekly hours
2
Language of instruction
Englisch
Registration
09/12/17 to 09/16/17
Registration via LPIS
Notes to the course
Subject(s) Master Programs
European Law
Dates
Day Date Time Room
Monday 10/02/17 05:00 PM - 07:00 PM D3.0.222
Wednesday 10/04/17 04:00 PM - 06:00 PM D3.0.233
Friday 10/06/17 01:00 PM - 03:00 PM D3.0.222
Monday 10/09/17 05:00 PM - 07:00 PM D3.0.222
Friday 10/13/17 06:00 PM - 08:00 PM D3.0.222
Monday 10/23/17 06:00 PM - 08:00 PM D3.0.222
Monday 10/30/17 04:00 PM - 06:00 PM D3.0.222
Monday 11/06/17 03:00 PM - 07:00 PM D3.0.222
Monday 11/13/17 04:00 PM - 06:00 PM D4.0.019
Monday 11/20/17 04:00 PM - 06:00 PM D4.0.019

On this page:

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Contents
This course builds on and substantially deepens and develops further knowledge conveyed at undergraduate level. Its core contents are as follows (emphasis may differ from term to term in line with current developments):


• Constitutional foundations of the EU and recent developments (advanced);
• Internal market, fundamental freedoms, harmonisation (advanced);
• Economic and monetary union;
• Area of freedom, security, and justice;
• EU competition law (advanced).

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Learning outcomes
Upon completion of this course students will be able:


• to autonomously analyse and assess cases governed by EU law in areas covered by the course (see above);
• in particular, to properly apply the acquired knowledge to case solutions;
• and to understand and assess the implications of both current and future developments in EU law.

Moreover, this course promotes students' skills:

• to autonomously identify and effectively synthesise problems, both orally and in writing, and to provide for adequate solutions;
• to apply acquired knowledge in practice;
• and to independently develop acquired knowledge further, thereby allowing them to effectively keep pace with new legal developments.


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Teaching/learning method(s)

The course is prüfungsimmanent (PI) and thus combines elements of a traditional lecture with those of a seminar or tutorial, thereby enabling students to acquire an advanced understanding of the topics covered.

Prior to the start of the course participants will receive detailed information on the topics of each class, including precise references to relevant (and further) readings and case-law.

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Assessment

Student performance will be assessed on the basis of three written exams, the first of which will take place in the second session (5 points), whereas the second (20 points) and third exam (25 points) will take place at the middle and at the very end of the course, respectively. An additional 5 points may be achieved through active participation in class. As regards the first exam, students are expected to prepare the topics taught in the first session together with selected chapters from Craig/de Búrca, EU Law. Text, Cases, and Materials (6th ed. 2015): chapter 3 (competence), chapter 4 (instruments and hierarchy of norms), chapter 7 (direct effect), chapter 9 (supremacy), chapter 11 (human rights in the EU), and chapter 13 (preliminary rulings).

In order to complete the course successfully, students are expected to score at least 40% on both the midterm and the final exam (8 and 10 points, respectively).

Grading will be as follows: 25-32,5 points Genügend, 33-38,5 points Befriedigend, 39-44,5 points Gut, 45-50 points Sehr gut.

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Prerequisites for participation and waiting lists
Attendance is compulsory. Students are allowed to miss two entire classes though (no excuse required). Note however that students who miss the first class without prior notification to the course convenors will be deregistered from the course.
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Readings
1 Author: Craig/de Búrca
Title: EU Law: Text, Cases, and Materials

Publisher: Oxford University Press
Edition: 6. Auflage
Remarks: Chapters primarily relevant will be announced in due course. Students who prefer to use a German language textbook instead are free to do so (see Borchardt below). Further and in addition to the textbook, students may also be provided by the course convenors with additional journal articles, book chapters etc.
Year: 2015
Recommendation: Essential reading for all students
Type: Book
2 Author: Pechstein
Title: Entscheidungen des EuGH: Kommentierte Studienauswahl

Publisher: Mohr Siebeck
Edition: 8. Auflage
Year: 2014
Recommendation: Strongly recommended (but no absolute necessity for purchase)
Type: Book
3 Author: Borchardt
Title: Die rechtlichen Grundlagen der Europäischen Union

Publisher: facultas.wuv
Edition: 6. Auflage
Year: 2015
Recommendation: Reference literature
Type: Book
4 Author: Eilmansberger/Herzig/Jaeger/Thyri
Title: Materielles Europarecht: Lehrbuch mit Originalquellen

Publisher: LexisNexis
Edition: 3. Auflage
Year: 2012
Recommendation: Reference literature
Type: Book
5 Author: Whish/Bailey
Title: Competition Law

Publisher: Oxford University Press
Edition: 8. Auflage
Year: 2015
Recommendation: Reference literature
Type: Book
6 Author: Stöger
Title: Casebook Europarecht

Publisher: facultas.wuv
Edition: 3. Auflage
Year: 2014
Recommendation: Reference literature
Type: Book
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Recommended previous knowledge and skills

Participants are expected to have a solid knowledge of the general foundations of (constitutional and substantive) EU law.

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Availability of lecturer(s)

Directly in class and via e-mail (see above).

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Other

The language of instruction throughout the course will be English.

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Unit details
Unit Date Contents
1 Human rights and multi-level governance
2 First exam; subsequently The internal market: fundamental issues and recent developments I
3 The internal market: fundamental issues and recent developments II
4 The internal market: fundamental issues and recent developments III
5 Economic and monetary union (EMU): foundations und recent developments
6 Second exam
7 The area of freedom, security, and justice (AFSJ)
8 EU competition law: Art 101 TFEU (advanced)
9 EU competition law: Art 102 TFEU (advanced) / Essentials of competition law enforcement
10 EU competition law: state aids (advanced)
11 Final exam
Last edited: 2017-06-01



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